The criminal procedure law of the people's Republic of China (Revised in 2012, a total ofArticle 290Two.

The criminal procedure law of the people's Republic of China

(1979Years7Month1The fifth session of the National People's Congress second conference, according to the1996Years3Month17The Eighth National People's Congress Fourth Conference "on the revision of 'of the people's Republic of China Criminal Procedure Law" amendment' decision, according to2012Years3Month14The Eleventh National People's Congress fifth conference "on the revision of the criminal procedure law '' of the people's Republic of China decided to" the second amendment,2013Years1Month1The date of promulgation)

Third series of trials

The first chapter of trial organization

The first trial of 178th basic people's courts, the intermediate people's court trial, the judge should be three or by judges and people's assessors totalling three people formed a collegiate bench, but the basic people's court cases in which summary procedure is applied may be tried by a single judge.

The higher people's Court of first instance, the case shall be made by the Supreme People's court, judge three people to seven people or of judges and people's assessors totalling three people to seven people formed a collegiate bench.

The jury in the people's court to perform their duties, shall enjoy equal rights with the judges.

The people's court appeals cases, composed of three to five judges formed a collegiate bench.

The number of members of a collegial panel shall be an odd number.

The collegial panel trial by the president or the chief judge appointed as a judge to long. When the president or the president in a trial, he served as chief judge.

The 179th time a collegial panel to review, if the differences of opinion, shall make a decision according to the opinion of the majority, but the opinions of the minority should write notes. The records of the deliberations shall be signed by the members of the collegial panel.

Article 180th the collegiate bench trial and deliberation, shall make a judgment. With respect to a difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, by a collegial panel decided to invite the president of the judicial committee for discussion and decision. The decision of the judicial committee, the collegial panel shall execute.

The second chapter is the procedure of first instance

The first day of public prosecution cases

Article 181st the case by the people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided.

Article 182nd the people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendant and his counsel.

In court, prosecutors, judges may convene the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of.

The people's court shall determine the date of the hearing, the hearing time, place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session.

These activities shall be entered in the records, by the judges and the court clerk signature.

183rd first instance in the people's courts shall be heard in public. But involving state secrets or personal privacy case, not a public hearing; cases involving commercial secrets, the parties do not apply for an open trial, can not be heard in public.

No public hearing of the case, it shall not be heard in public reason announced in court.

Article 184th the people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution.

When the 185th session, the presiding judge to find out whether the parties present, announce the cause of action; the members of the collegial panel, announced the court clerk, the public prosecutor, the defender, agent ad litem, the expert witnesses and the interpreter; inform the parties have the right to the members of the collegial panel, the court clerk, the public prosecutor, judge and translators apply for withdrawal inform the defendant's rights.

Article 186th the prosecutor read the bill of prosecution in court, the defendant, the victim may make statements on the indictment accused of the crime, the public prosecutor may interrogate the defendant.

The victim, incidental civil lawsuit plaintiff and defender, agent ad litem, with the permission of the presiding judge, put questions to the accused.

The judges may interrogate the defendant.

Article 187th the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court.

The people's police crime witness its duty as a witness to testify in court, to the provisions of the preceding paragraph.

The public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion has the objection, the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis.

Article 188th notified by the court, the witness did not testify in court without justified reasons, the people's court may enforce the court, but the defendant's spouse, parents, children.

The witness refusing to appear in court without proper reasons or refused to testify, reprimand him, if the circumstances are serious, shall be approved by the president, detained for ten days following. The person being punished refuses to accept the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop.

The 189th witness testimony, the judges shall inform him to faithfully provide legal testimony and intentionally giving false testimony or conceal evidence to negative. The public prosecutor, the parties and the defenders and agents ad litem, with the permission of the presiding judge, may question the witnesses, authenticators. The presiding judge considers any questioning irrelevant to the case, shall stop.

The judicial personnel may question the witnesses, authenticators.

Defense 190th prosecutors, who shall show the material evidence to the court for the parties to identify, for failing to appear in court, witness testimony, identification of the expert opinion, records of inspection and the other as the evidence of the instrument, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

Process 191st court, the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence.

The people's court investigation to verify the evidence, conduct inquest, inspection, seizure, seizure, freezing, identification and query.

192nd a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection.

The public prosecutor, the parties and the defenders and agents ad litem, can have the expertise to apply to the court for notification of the court, put forward the views of expert opinion to identify person.

The court for the above application, shall make a decision whether to consent.

The second paragraph of the specialized knowledge appearing in court, the relevant provisions of applicable appraiser.

Process 193rd court, the conviction and sentencing, on the facts, evidence should be investigated, debate.

With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other.

The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

194th in the course of the trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop. To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of one thousand yuan or fifteen days following. Fines, detention must be approved by the president. Be refuses to accept punishment of fine, the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop.

On the court, or insult, libel, shock or threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 195th in the final statement of the defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments:

(a) the case facts are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, shall make a guilty verdict;

(two) according to the law, the defendant is innocent, shall make a judgment of acquittal;

(three) the lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict.

196th declaratory judgment, are open to.

The court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served to the parties and the people's procuratorate. Judgment shall be delivered simultaneously to the defender, agent ad litem.

Article 197th the judgment shall be signed by the judicial officers and the court clerk, and specify the time limit for appeal and the court of appeals.

198th during the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed:

(a) need to summon new witnesses, obtain new material evidence, re examination or inspection;

(two) the prosecutors found a public prosecution requires supplementary investigation, suggestion;

(three) the application for withdrawal and not on trial.

Article 199th in accordance with the provisions of law 198th of second cases the adjournment of trial, the people's Procuratorate shall complete the supplementary investigation within one month.

Article 200th in the trial process, any of the following circumstances, the case can not continue for a long time trial, may suspend the trial:

(a) the defendant who is suffering from a serious disease, unable to appear in court;

(two) the defendant escape;

(three) the private prosecutor who is suffering from a serious disease, unable to appear in court, did not entrust an agent ad litem in court;

(four) due to irresistible.

Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period are not included in the trial period.

All 201st trial, shall be made by the clerk shall make a written record of the presiding judge, after review, signed by the judge and the court clerk.

The testimony of witnesses in the part of the court record shall be read out in court, or given to the witnesses to read. The witness in admit no error, shall be signed or sealed by the.

The court record shall be given to the parties to read or read to him. The parties believe that if there is any omission or error, may request for supplementation or correction. The parties acknowledge that no error, shall be signed or sealed by the.

Article 202nd the people's court shall, after accepting a case of public prosecution, in two months sentence, no later than three months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the approval of the people's court at a higher level, can be extended for three months; because of special circumstances need to extend, be approved by the Supreme People's court.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Article 203rd the people's procuratorate finds that the people's court cases violating the legal procedure, have the right to put forward opinions to the people's court.

Section second cases of private prosecution

204th cases of private prosecution include the following:

(a) to be handled the cases;

(two) the victim has evidence to prove that they are minor criminal cases;

(three) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case.

Article 205th the people's court to review the case of private prosecution after treatment respectively, according to the following circumstances:

(a) the criminal facts are clear, there is sufficient evidence of the case, it shall open a court session;

(two) the lack of evidence of a case of private prosecution, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution, or rule to reject the.

The private prosecution by the two summoned according to law, refuses to appear in court, or midway without permission by the court may, by withdrawing treatment.

The process of trial, the judges have doubts about the evidence, need to investigate and verify the applicable provisions of this law, article 191st.

Article 206th the people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 204th cases.

The people's court private prosecution deadline, the accused in custody, this Law shall apply to the first paragraph of article 202nd, paragraph second; not in custody, should be accepted within six months of sentencing.

207th cases of private prosecution and the defendant in the litigation process, may file a counterclaim to the private prosecutor. The provisions apply to private prosecution of counterclaim.

The third section summary procedure

208th jurisdiction of a basic people's court cases, in accordance with the following conditions, may apply summary procedure for trial:

(a) the case facts are clear, the evidence sufficient;

(two) the accused confess their crimes, the facts of the crime accused no objection;

(three) the defendant has no objection to the application of summary procedure.

The people's Procuratorate, the people's court apply summary procedure can be recommended.

Article 209th: any of the following circumstances, does not apply summary procedure:

(a) if the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct;

(two) have a significant social impact;

(three) cases of common crime in the part of the defendants not guilty or has any objection to the application of summary procedure;

(four) other summary procedure is not appropriate for the trial."

The trial of the case 210th applies to the summary procedure, may be sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judge; more than three years in prison for possible sentence, shall form a collegial panel trial.

Application of simple procedure in public prosecution case, the people's Procuratorate shall send representatives to attend the court.

Article 211st: summary procedure applies to the trial of cases, the judges shall ask the defendant to the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agreed to hear the summary procedure applies.

The trial of the case 212nd applies the simple procedure, with permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem.

The trial of the case 213rd applies the simple procedure, not subject to the first section of this chapter on the deadline, interrogate the defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be.

The trial of the case 214th applies the summary procedure, the people's court shall be concluded within twenty days after receiving.

Article 215th the people's courts in the trial process, found that the summary procedure is not appropriate for the trial, should anew in accordance with the provisions in Section 1 of this chapter or section second.

The third chapter to the procedure of second instance

Article 216th the defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal.

The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal.

The defendant shall not be deprived of the right of appeal, with any excuses.

217th people's procuratorates at various local levels that the people's Court of the first instance judgment, ruling it is wrong, it shall lodge a protest to the people's court at a higher level.

218th victims and their legal agents against the decision of first instance of a local people's courts at various levels, within five days after receiving the written judgment, have the right to request the people's procuratorate. Within five days after receipt of the victim and the people's Procuratorate legal agent request, shall make a decision whether to appeal and give him a reply.

Article 219th appeal against a decision and protested for a period of ten days, not satisfied with the ruling and appeals for a period of five days, from receiving the written judgment, ruling second date.

Article 220th the defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant appealed by the people's court, the people's court shall within three days will appeal together with the case file, the evidence to the people's Court level, at the same time, a copy of the appeal petition sent to the people's procuratorate at the same level and to the other party.

The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant files an appeal directly to the people's Court of second instance, the people's Court of second instance shall within three days of the petition of appeal to the people's court to the people's Procuratorate at the same level and to the other party.

Article 221st the local people's procuratorates of the people's courts at the same level the first judgment, ruling appeal, it shall lodge a protest letter through the people's court, and the people's Procuratorate level a copy of the written protest. The people's court shall protest together with the case file, the evidence to the people's Court level, and the duplicates of the written protest to the party.

If the people's Procuratorate considers the protest inappropriate, may apply to a people's court at the same level withdraw the protest, and notify the lower level people's procuratorate.

Article 222nd the people's Court of second instance shall conduct a comprehensive review on the first trial of facts and the application of the law, not subject to appeal or protest range limits.

Joint crime is only part of the defendants appeal, shall examine the case, together.

Article 223rd the people's Court of second instance to the following cases, shall form a collegial panel, trial:

(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing;

(two) cases of appeal against the defendants were sentenced to death;

(three) case protested by a people's procuratorate;

(four) the other shall open a court session.

The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions.

The people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

Article 224th the people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, should be to send representatives to attend the court. The people's Court of second instance shall consult the files in the decision after hearing the timely notify the people's procuratorate. The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period.

Article 225th the people's Court of second instance cases protested by the judgment of the first instance, the appeal may, after hearing, shall handle it according to the following circumstances:

(a) the original judgment facts and the applicable law is correct, appropriate sentencing, it shall dismiss the appeal or protest, upheld the;

(two) the original judgment no error in the determination of facts, but the applicable law is wrong, or inappropriate, and shall be amended;

(three) the original judgment facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts; or it may rescind the original judgment, remanded by the people's court re trial.

The people's court ruling in accordance with the provisions of the third items of the case remanded, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law, shall not be remanded by the people's court for retrial.

Article 226th the people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant. The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant.

The people's Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph.

Article 227th the people's Court of second instance found one case the people's Court of first instance trial in any of the following violations of the litigation procedures prescribed by law, it shall rescind the original judgment, remanded by the people's court re trial:

(a) in violation of the provisions of this Law regarding trial in public;

(two) violating the withdrawal system;

(three) deprivation or restriction of the parties' legal rights, which may affect the fair trial;

(four) composed of judicial organization of illegal;

(five) other violating the legal procedure, which may affect the fair trial.

Article 228Th the people's court for the case remanded, form a new collegial panel, in accordance with the procedure of first instance trial. For a new trial after the verdict, in accordance with the provisions of law 216th, article 217th, article 218th may be appealed, protest.

Article 229th the people's Court of second instance refuses to accept an order of first instance of appeal or protest, after review, should according to the provisions of this Law 225th, 227th and 228Th, respectively with the court rejected the appeal, appeal, or cancel, change the original order.

Article 230th the people's Court of second instance remanded by the people's court to the trial of the case, the people's court remanded case from the received date, recalculating the trial period.

Article 231st the people's Court of second instance trial cases of appeal or protest procedure, unless otherwise stipulated in this chapter, the existing provisions, according to the procedure of first instance of the.

Article 232nd The people's Court of second instance accepting a case of appeal or protest, should be concluded within two months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the provincial, autonomous region, or municipality directly under the central government or approved by a higher people's court decision, can be extended to two months; due to special circumstances need to extend, be approved by the supreme people's court.

The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court.

233rd second trial, judgment, ruling or the Supreme People's court ruling, is the final judgment, ruling.

Article 234Th the public security organs, people's Procuratorate and the people's court for the seizure, seizure, freezing of the criminal suspect, defendant's property and the fruits thereof, shall be properly kept, for verification, and make the list, with the case. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.

Judgment rendered by the people's court shall, properties and interests on attachment, seizure, freezing treatment.

After the people's court judgment becomes effective, the relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment. The stolen money seized, seizure, freezing and the fruits thereof, except to be returned to the victim, shall be turned over to the state treasury.

The judicial personnel embezzles, misappropriates or attachment, seizure, freezing or processing property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

The fourth chapter is the review procedure of death penalty

235th death sentences shall be subject to approval by the Supreme People's court.

Cases of first instance 236th intermediate people's court sentenced to death, the defendant does not appeal, should be reviewed by a higher people's court, shall be submitted to the approval of the Supreme People's court. The higher people's court does not agree with the death sentence, it may bring the case up or remand the case for retrial.

The higher people's court sentenced to death penalty cases of first instance in the defendant does not appeal, and sentenced to death penalty cases of second instance, should be submitted to the approval of the Supreme People's court.

The 237th intermediate people's court sentenced two year stay of execution case, approved by a higher people's court.

The 238th Supreme Court review of death penalty cases, the higher people's Court of judicial review of death sentence with a suspension of execution shall be made by the case, judge three people formed a collegiate bench.

Article 239th the Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard.

The 240th Supreme Court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results.

The fifth chapter is the procedure for trial supervision

Article 241st the party or his legal representative, close relative, ruled against a legally effective judgment,, can appeal to the people's court or the people's Procuratorate, but cannot stop judgment, the execution of the ruling.

Article 242nd the parties and their legal representatives, close relatives of the complaint meets one of the following circumstances, the people's court shall re trial:

(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors, may affect the conviction and sentencing;

(two) according to the conviction and sentencing evidence does not really, not fully in accordance with the law, should be excluded, or proof by contradiction between the main facts of the case evidence exists;

(three) the original judgment, that there is some error in the application of the law;

(four) violating the legal procedure, which may affect the fair trial;

(five) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior.

Article 243rd the people's courts at all levels of a legally effective judgment and ruling of the hospital, if found in the determination of facts or law is wrong, must be submitted to the judicial committee.

The Supreme People's court has a legally effective judgment of the people's courts at all levels and the ruling People's court at a higher level, a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right to examine or order an inferior people's court for retrial.

The Supreme People's Procuratorate of a legally effective judgment of the people's courts at all levels and the ruled, the higher people's Procuratorate a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right in accordance with the procedure for trial supervision to the people's court at the same level of a protest.

Case protested by a people's Procuratorate, accepted by a people's court shall form a collegial panel to hear the facts in the original judgment, unclear or the evidence is insufficient, can direct the people's court at the lower level for retrial.

244th superior people's court shall order the lower court to rehear the people's court at a lower level, it shall order the people's court hearing outside; by the people's court is more appropriate, can also order the people's court.

Article 245th the people's court in accordance with the procedure for trial supervision to the trial of the case by the people's court, the trial, shall form a new collegial panel of. If it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

The people's Court of retrial cases, the people's Procuratorate at the same level shall send representatives to attend the court.

The 246th people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, decided by the people's procuratorate.

The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling.

Article 247th the people's court in accordance with the procedure for trial supervision to the trial of the case, should be made in question, the retrial decision date concluded within three months, need to extend the time limit, shall not exceed six months.

Accepted by a people's court in accordance with the procedure for trial supervision and judicial appeal cases, provisions on the trial period of the preceding paragraph shall apply to the people's court at a lower level; to command a retrial, shall receive a month to decide protest day period, lower level people's court case with the provisions of the preceding paragraph.

Fourth Executive

248th judgments and orders shall be executed after they become legally effective.

The following judgments and orders are legally effective judgments and orders:

(a) has the statutory time limit not appeal, appeal the verdict;

(two) the final judgment or ruling;

(three) the Supreme People's court approved the death sentence and the higher people's court approved two year stay of execution of the sentence.

Article 249th the people's Court of first instance verdict cleared the accused man, exempted from criminal punishment, if the defendant in custody shall be released immediately after the verdict.

Article 250th the Supreme People's court sentenced and approved the immediate execution of death sentence, shall be made by the president of the Supreme People's Court issued the command execution.

Sentenced to two year stay of execution of criminals, in execution period, if not intentional crime, the death sentence with a reprieve expires, it shall be commuted, the executing organ shall put forward written opinions, to a higher people's court; if the intentional crime, if true, should be executed, approved by a higher people's court shall be submitted to the Supreme People's court.

Article 251st if the people's court to the Supreme People's court orders of execution, shall be executed within seven days. But one of the following circumstances, should stop the execution, and immediately report to the Supreme People's court, the Supreme People's court for a ruling:

(a) before the execution is found in the judgment may be wrong;

(two) in the implementation of the criminal exposes major criminal facts or other major meritorious service, may require revision;

(three) if the criminal is pregnant.

The first, lost second to stop the execution after the reasons, must be submitted to the Supreme People's court re issue of the command execution to perform; because of the third reasons to stop execution, shall be submitted to the Supreme People's court shall be amended according to the law.

The 252nd people's court in the delivery of execution, shall notify the people's Procuratorate at the same level to the spot supervision.

Shooting or injection method of execution of the death penalty.

A death sentence may be executed on the execution ground or in a designated place of custody.

The judicial personnel command execution, shall verify the identity of the criminal, interrogation has any last words, letters, and then executed for execution of the death sentence. Before the execution, if it is found that there may be an error, the execution shall be suspended, submitted to the Supreme People's court.

The death penalty should be released, should not be publicly.

After a death sentence is executed, the court clerk on the scene shall prepare a written record. The people's court shall deliver the execution situation report to the Supreme People's court.

After the execution, delivery of the court enforcement shall notify the family members of the criminal.

Article 253rd criminal is handed over for execution of the sentence, the people's court shall be executed in the verdict within ten days after the relevant legal documents to a public security organ, a prison or other executing organ.

Sentenced to two year stay of execution, shall be sentenced to life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. To be sentenced to criminal punishment, was executed, the remaining term of his sentence in the following three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

Article 254th in prison or detention for criminal sentenced to, any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby;

(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.

Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

The criminal is a serious disease, must be released for medical treatment, the hospital diagnosis and issue the documents designated by the people's government at the provincial level.

In the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison written opinions put forward by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs.

Article 255th prison guards, the proposed temporary execution outside prison of the written opinions, shall send a copy of the written opinion of the people's procuratorate. The people's Procuratorate decided or approved by the authorities to put forward written opinions.

The 256th decision or approved the temporary execution outside prison shall be temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month to submit the decision or approved the temporary execution outside prison authorities, decision or approved written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall be immediately re verification of the decision.

Article 257th The temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:

(a) is found not to conform to the temporary execution outside prison conditions;

(two) a serious breach of the temporary execution outside prison supervision and management regulations;

(three) the temporary execution outside prison after the disappearance of the circumstances, the sentence is not full.

The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.

Do not meet the conditions of the temporary execution outside prison through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution.

Prisoners died in the temporary execution outside prison period, the executing organ shall timely notify the prison or detention.

Article 258th sentenced to public surveillance, probation, parole or temporary execution outside Prison Criminals, shall be subject to community correction, community correction agencies responsible for the implementation of.

Article 259th sentenced to deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the organ executing the written notice I units and organizations at the grassroots level, place of residence.

Article 260th of the criminal is sentenced to a fine, if no pay, the people's court shall compel payment; if an irresistible disaster has true difficulties in paying, an order may be made to reduce or exempt.

Decision 261st confiscation of property, whether additional punishment or independently, are executed by the people's court; when necessary, can be jointly with the public security organ.

The 262nd criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court ruled that the proposal and review, the people's Procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court.

Article 263rd the people's Procuratorate considers that the people's Court of commutation and parole, the court is improper, it shall within twenty days after the receipt of the order book copy, submit a written recommendation to the people's court. The people's court shall receive rectification opinions within one month after the re form a collegial panel to conduct the trial, to make a final decision.

Article 264th prisons and other executing organ in the execution of punishment, if there is an error in the judgment or the criminal complaint, it shall refer the matter to the people's Procuratorate or the people's court.

Article 265th the people's Procuratorate of the execution of criminal punishments by executing organs supervise the legality. If found illegal, it shall notify the executive organs to correct.

The fifth part: the special procedure

The first chapter of juvenile procedure of criminal case

Article 266th for juvenile delinquency to implement education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

The people's court, the people's procuratorates and the public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights, protection of minors legal help, and undertaken by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.

Article 267th of the juvenile criminal suspects, the accused does not entrust a defender, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

Article 268th the public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation.

269th strict restrictions on the juvenile criminal suspects, defendants shall apply the arrest measure. The people's Procuratorate for examination and approval of arrest and the decision of the people's court shall interrogate arrests, juvenile criminal suspects, defendants, listen to the views of lawyers.

The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.

Article 270th for minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights.

The present legal representative or other personnel that investigators violations of the legitimate rights of minors in the interrogation, trial, can give advice. The interrogation record, the court record shall be delivered to the present legal representative or other personnel to read or read to him.

Interrogation of female juvenile criminal suspects, there should be a female staff is present.

The trial of juvenile criminal cases, minor last statement by defendant, his legal representative may be supplementary statement.

Ask the underage victim, witness shall apply, first, second, third.

Article 271st for minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. The people's Procuratorate before making a decision of conditional non prosecution, the victim shall listen to the views of the public security organ.

No prosecution for conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th.

The juvenile criminal suspects and their legal representatives shall decide on the people's Procuratorate of the non prosecution of additional conditions have objection, the people's Procuratorate shall make a decision of prosecution.

272nd not to prosecute in conditional test period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. The guardian of the juvenile suspects, should strengthen the discipline to the juvenile criminal suspects, with the people's Procuratorate to the supervision and inspection work.

The non prosecution of additional conditions test for a period of six months or more for less than a year, the calculation of conditional non prosecution decision from the people's Procuratorate date.

Is the conditional non prosecution of the minor criminal suspects, shall comply with the following provisions:

(a) to abide by the laws and regulations, submit to supervision;

(two) reporting his activities in accordance with the provisions of the observing organ;

(three) leave live in city, county, or relocating, organ for approval before;

(four) received correction and education in accordance with the requirements of the observing organ.

The 273rd is the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

(a) the implementation of the new crime or the discovery of decided to non prosecution of additional conditions before other crimes prosecution;

(two) in violation of public security administration regulations or provisions on the supervision and administration of the inspection authorities relating to the non prosecution of additional conditions, if the circumstances are serious.

Is the conditional non prosecution of the minor criminal suspects, no such situation in the test period, the test period, the people's Procuratorate shall make a decision not to initiate a prosecution.

The defendant when the 274th trial under the age of eighteen cases, not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at.

When the 275th crimes under the age of eighteen, was sentenced to the punishment of five years, shall seal up the relevant criminal record.

Criminal records are sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the provisions of the state for query except. Query units according to law, shall be sealed criminal record be kept confidential.

Article 276th for minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law.

The second chapter mediation in cases of public prosecution procedure

Article 277th the following a case of public prosecution, criminal suspects, defendants sincere repentance, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle:

(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

Article 278th the parties reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant personnel to review comments, voluntary reconciliation, legitimacy, and presided over the production settlement agreement.

279th cases to reach a settlement agreement, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant lenient punishment.

The third chapter of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

Article 280th for the crime of embezzlement and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income shall apply to the people's court.

The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

The confiscation of illegal income shall provide the relevant evidence materials application and the facts of the crime, the illegal income, and specify property types, number, location and attachment, seizure, freezing condition.

The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.

Article 281st for the confiscation of illegal income, by the criminal suspect, the defendant or the place of residence of the intermediate people's court formed a collegiate bench trial.

The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

The people's court at the expiry of the notice to the confiscation of illegal income for trial. The interested parties to participate in the proceedings, the people's court shall open the court session.

Article 282nd the people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lifting attachment, seizure, freezing measures.

The people's court in accordance with the provisions of the preceding paragraph decision, near relatives or any other interested the suspect, the defendant or the people's procuratorate can appeal, appeal.

283rd during the trial, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

Confiscation of criminal suspects, defendants property is wrong, he shall return, compensation.

The mental patient fourth chapter shall not bear criminal responsibility of compulsory medical procedures

Article 284th the violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

Article 285th compulsory treatment of mental patients according to the provisions of this chapter shall be decided by the people's court.

Public security organs found mental patients comply with the compulsory medical conditions, should write compulsory medical opinion, to the people's procuratorate. For mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, the people's Procuratorate shall forward the application to the people's court for compulsory medical. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

The mental patient to violence, in the decision of a people's court compulsory medical treatment, the public security organ may take protective measures to restrain the temporary.

Article 286th the people's court for compulsory treatment application, shall form a collegial panel to conduct the trial.

The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

Article 287th the people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision.

Decided by the compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

Article 288th compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

Be forced to medical men and their near relatives shall have the right to apply for cancellation of the compulsory medical.

Article 289th a people's Procuratorate decides and execution of compulsory medical supervision.

Supplementary articles

Article 290th the security departments of the army exercise the power of investigation on occurrence of criminal cases within the armed forces.

In jail for the criminal cases of crimes of investigation by the prison.

The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.

Note: This article is the author on the basis of2012Years3Month14On the National People's Congress11Session5Meeting of the decision on the revision of criminal procedure law,1996The amended criminal procedure law, the National People's Congress on the revision of the criminal procedure law website before and after comparison table (1996The criminal procedure law and2012Criminal procedural law) three document editing and become, for civilian version2012Revised criminal procedure law text, non official version of the file, citing the need to be cautious.